The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-02-10
THE RAILROAD COMMISSION.
Waldo Before the Internal I'M
provement Committee.

/
provement Committee.
Major j. Waldo, commissioner of the
Texas Traffic association, appeared yes
terday afternoon before the committee on
internal Improvement in regard to the
railroad commission bill. There were
present at the meeting beside the com
mittee and Major Waldo, Judge Terrell
A. Faulkner, E. j. Kelly, of Houston, and
three newspaper men, all of whom took
great interest in the subject.
The following is the substance
of Major Waldo's statements
in regard TO the bill,
and it is safe to say that there are few
who have had the opportunities that he
has of studying this question and of form
ing an opinion in regard to it:
In framing laws of any nature it is our
duty first to know the standpoint from
which we legislate and the cause for such
legislation, as we'll as to have authority
for our action, and guide to reach safe
results.
suggest, and claim as WE'LL that these
are points primary in their nature, to
which you should give due consideration
in framing your opinions into laws to
meet the necessities of any case that you
may have before you.
In my opinion the constitution of the
state of Texas does not authorize a COM
mission such as suggested by the bill now
before you.
In making these assertions but voice
the expressions of the executive of the
state recently elected, and direct from
large majority of the people. Gov. Ross
is the peoples preventative, and the
people through him have said, in no
doubtful phrases, that they do not want
commission in charge of the railway
properties of this state; moreover, the
position taken by the governor in regard
to this feature of legislation, is sus-
tanned by some of the most eminent
lawyers of the country, Judge Cooley
among the number, who have given their
opinion, that a legislature can not delegate
the power given to them by the constitu-
ton, to others, nor can they relieve them
selves of the duties which that constitution
imposes upon them, by transferring those
duties through the executive, upon COM
mission of any number of men, unless
that constitution is affirmative and specific
in its nature on that subject. In regard
to this commission bill, neither the cause
nor the authority referred to, seem
to exist. Please read Gov. Ross
message. There can be no doubt, no
uncertainty as to his meaning in regard
to that organization. The constitution of
this state is not negative; it is silent, but
to grant you authority to delegate your
power to others, there must be some af
tirmative or specific requirements.
Article 10, Sc ction and of the constitu-
| 4. i; a.
legislature shall, from time to time, make
maximum rates of charges for the car
riage of freight and passengers, and that
it shall also enact laws to prevent unjust
discrimination or unfair treatment of
any nature by railroads to the public.
This, 1 suggest, is as far as the legisla-
ture under the present constitution has
the right to go.
1t has been said by members of this
legislature and probably by members of
this committee that the Georgia
constitution permitted a commission, and
that Texas has the same constitution as
Georgia-the former proposition is cor
rect, the latter is not. The constitution
of the state of Georgia was similar to that
of Texas, and did not specify or affirm
that the legislature should pass their
powers into other hands. Several years
ago, this being discovered by Mr.. Toombs
and others of his party, an attempt was
made in the legislature of that state to so
amend the constitutions that commissions
should be authorized, and through the in
fuence of Mr.. Toombs and his followers
the legislature, by twothirds vote,
passed an act, calling on the people to
vote upon the constitutional amendment
directing commissions. This was carried
in general election, and thus the right
to have the commission in the state of
Georgia was established. This right
Texas has not.
Aside from the previous statements
that l have made, we have had experience
in the result of the operation of num-
Der of commissions i'll other states. In
most of them these organizations have
been failures; at least their utility has
not been made apparent. The people
have not been satisfied, neither have the
railroads. Instead of allaying the trouble
between the shippers and the carriers,
friction has ensued, and there is dissat-
isfactlon and want of harmony every
where prevails. Should not the expe-
rience thus gained be in some measure
BuAN'S w JOu III JOuA ASS AoAouAOh lOI Uillo
state?
In my opinion the producing elements
of this state are, as whole, satisfied with
the present conduct of railways. They
realize, and you must too, that the rail
ways are living within the law of the state.
1 do not think any member of this com
mittee can present, or could have pre-
scented in the past year and half or two
years, evidence of any act of violation of
the laws of the state. In what, then, ex-
lists cause for this legislation? Are the
people damaged in any way? Have
the railroads made too much
money! Have any of the
acts of these railroads been
illegal? These are questions you should
rightly consider, and carefully investi-
gate before encumbering the machinery
of this state with an institution, that
experience in other states, has taught US
may do much harm and no good.
Arbitrary powers, no matter with whom
you invest them, are dangerous.
In this commission bill you delegate
these powers to commission in a way
that makes it more powerful
than the legislative branch of the govern
ment. You place it in dictatorial position
even to the judiciary of the country. You
disregard the tights off property, and, in
all Difference to you, fear you are guided